PARDEEP KUMAR Vs. MANJIT BASRA

JUDGEMENT

(1.) Present petition has been filed for quashing of order dtd. 15/7/2025 passed by the learned Judicial Magistrate First Class, Phagwara in Complaint case titled as 'Manjit Basra and another Vs. Pardeep Kumar' bearing NACT No.95 of 2021 dtd. 16/3/2021 under Sec. 138 of Negotiable Instruments Act, District Kapurthala, whereby the application filed by the petitioner for recalling witness CW-1 Naranjan Dass, was dismissed.

(2.) It has been submitted by learned counsel for the petitioner that the petitioner was prosecuted by the respondent in a complaint under Ss. 138 and 142 of Negotiable Instruments Act. He submits that during trial, the complainant examined CW-1 Naranjan Dass, however, the petitioner could not put some important questions for the just decision of the case. Further cross-examination of CW-1 Naranjan Dass was essential hence, he filed an application under Sec. 311 Cr.P.C. for recalling witness CW-1, namely, Naranjan Dass, failed to appreciate the law settled and thus, illegally dismissed the same. He submits that the petitioner is facing prosecution in a complaint filed under Sec. 138 of NI Act and non cross-examination of CW-1, namely, Naranjan Dass would result in a grave injustice to the petitioner. It is submitted that the cross-examination of this witness is essential for the just decision of the case and the petitioner would suffer an irreparable loss and injury, if the same is not allowed to be cross-examined. He submits that the provisions of Sec. 311 Cr.P.C. are liberal in nature and the Court can invoke the power under Sec. 311 Cr.P.C. at any stage of the trial. He thus, submits that the impugned order being against the law settled, deserves to be set aside and the present petition be allowed by grating opportunity to the petitioner to cross-examine CW-1, namely, Naranjan Dass.

(3.) This Court has heard learned counsel for the petitioner and perused the record with his able assistance. It is deciphered from the facts and circumstances of this case and the arguments advanced, the petitioner before this Court is an accused who is facing prosecution in a complaint filed by the respondent under Ss. 138 and 142 of Negotiable Instruments Act. The precise issue raised by counsel for the petitioner is that some material questions were left to be asked from CW-1, namely, Naranajan Dass, which were essential for the just decision of the case, hence, the application under Sec. 311 Cr.P.C. was filed.